Terms and Conditions

General Terms & Conditions

Please read this document carefully. This document governs your relationship with SurveyMe Limited (“SurveyMe”).

Set forth below are the terms and conditions under which SurveyMe makes available its internet websites, including www.survey-me.com (the "website"), the SurveyMe, Survey Me smartphone / tablet / mobile software applications (the “App”) and the services available through the website or otherwise provided by SurveyMe (the "Services"), to each person or entity (each a "User") accessing or using the Site, the App or the Services.

These terms and conditions, together with any and all other terms, conditions, rules, policies or procedures ("Additional Terms") published on the Site from time to time and related to User's use of the Site, the App or the Services (together, this "Agreement"), each as updated from time to time by SurveyMe, constitute a binding, legal agreement between SurveyMe and User.?By clicking "I Agree" (or any other button indicating your acceptance of this Agreement) you hereby agree to, and are bound by, this Agreement. If you do not agree with any of the terms of this Agreement, do not click such a button or otherwise access or use this Site, the App or the Services or any information contained on this Site. ?SurveyMe may make changes to the materials and services offered on this Site at any time. SurveyMe can change the terms of this Agreement (including any Additional Terms) at any time. If SurveyMe changes the terms of this Agreement, SurveyMe will post an updated set of terms and conditions of use on this Site and post a change notice and/or send registered users an email notice of the changes in advance of implementing the changes.?If any modification is unacceptable to you, you shall cease using this Site, the App and the Services and be able to terminate your registration and/or subscription (if any). If you do not cease using this Site, the App and the Services, you will be conclusively deemed to have accepted the change.

1. LEGAL STATUS

Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement and, if an individual, User is of the age of majority in his or her place of residence.

2. SUBSCRIPTIONS AND PAYMENT

2.1. If User purchases a paid subscription to the Services (a "Subscription"), User shall pay all fees to Survey Me Limited, including for any additional Services purchased by User or usage that exceeds the thresholds at the rates posted, as well as VAT and any other applicable taxes, applicable to such Subscription, as published on the Site at  /.co.uk / .com from time to time. SurveyMe may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User's Subscription. SurveyMe will provide User with prior notice of any change in fees to allow User to cancel User's Subscription prior to the end of the then-current term of User's Subscription.

2.2. Subscription membership in the Services is on a continuous service basis. This means that, subject to the terms and conditions of this Agreement, SurveyMe shall automatically renew User's Subscription at the end of its term unless User's Subscription is cancelled using the tool in User's account page on the Site at any time prior to the end of the then-current Subscription. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription program (annual, monthly, etc.) that User has chosen, unless SurveyMe has notified User of any new rate in advance. A cancellation of a Subscription requested by User through User's account page will become effective on the date that the then-current Subscription period expires.

2.3. If User has elected to pay the fees referred to in Section 2.1 (Subscriptions and Payment) by credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify SurveyMe of any changes to such credit card information. User acknowledges and agrees that if User's credit card payment cannot be processed for any reason, SurveyMe may suspend or cancel User's Subscription.

2.4 If the User is outside the UK they will select their currency of choice and their credit card provider will set the exchange rates, which may alter at any time for future payments. Survey Me does not have any authority over the rate of exchange. All payments will be equivalent to the price set in GBP£.

3. REGISTRATION?

If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, each User will receive a password and an account designation. User acknowledges and agrees that User, and not SurveyMe, is responsible for User's account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.

4. SURVEYME MATERIALS?

Certain content and information provided on and through this Site and Services, including, without limitation, documents, graphics and images that are not User Content (as defined below) (collectively, the "SurveyMe Materials") are provided to you by SurveyMe and are the copyrighted and/or trademarked work of SurveyMe. SurveyMe grants you a limited, personal, non-exclusive and non-transferable license to use and to display the SurveyMe Materials solely for your personal use in connection with the Site and Services.?Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the SurveyMe Materials in any manner. This limited license terminates automatically, without prior notice to you, if you breach any term of this Agreement. Except for the limited rights granted hereunder, you acknowledge that you have no right, title or interest in or to any SurveyMe Materials.

5. USER CONTENT?

5.1. User acknowledges and agrees that:

(a) all survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by User or respondents of User's surveys through the Site or the Services (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated,?

(b) User, and not SurveyMe, is responsible for all User Content that User or respondents of User's surveys upload, post, email, distribute, communicate, transmit, or otherwise make available using the Services or that is otherwise made available through the use of User's account (if User has one), whether or not authorized by User,

(c) by using the Site and the Services, User may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and?(d)by communicating or transmitting any User Content using the Site or the Services, User grants to SurveyMe an irrevocable, non-exclusive, royalty-free and worldwide license to use such User Content for the purpose of operating the Site and supplying the Services, and User warrants to SurveyMe that it has the right to grant such license for such purposes.?

5.2. User further acknowledges and agrees that SurveyMe does not control the User Content originating from User, respondents to User's surveys or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such User Content. Notwithstanding the foregoing, SurveyMe may, but is not obligated to, review all User Content and block, modify, terminate access to, or remove any such User Content that SurveyMe, in its sole discretion, considers to be non-compliant with any of the requirements of this Agreement.

5.3. SurveyMe reserves the right to purge User Content from its databases at any time and from time to time without notice. User acknowledges and agrees that User is solely responsible for backing up any User Content uploaded to the Site by User or received by User through the use of the Services. SurveyMe shall not be liable for any purging, deletion or failure to retain any such User Content.

5.4. SurveyMe may disable User's account and User's access to use the Site and/or the Services and SurveyMe may recover from User any losses, damages, costs or expenses incurred by SurveyMe resulting from or arising out of User's non-compliance with any provision of this Agreement.

6. USER CONDUCT?

In connection with User's use of the Site and the Services, and without limiting any of User's other obligations under this Agreement or applicable law, User:

(a) shall comply with:

(i) this Agreement, including SurveyMe's anti-spam policy and all other policies as published on the Site from time to time,

(ii) all local and international laws applicable to User, including, among other things, the Privacy and Electronic Communications Regulations 2003 and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property, data protection, or child protective email address registries,

(iii) all other rules or regulations applicable to User, including, among other things, securities regulations, and

(iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User's use of the Services;?

(b) shall not upload, post, email, distribute, communicate, transmit or otherwise make available any User Content:

(i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,

(ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party,

(iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement), or

(iv) that comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation;?

(c) shall not use the Site or the Services to send surveys, polls, or other materials to individuals under the age of majority in his or her place of residence ("minors") unless User is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send surveys, polls, or other materials to minors that would subject SurveyMe to any local or international law, rule or regulation governing children's privacy, rights of personality or otherwise related to protecting minors;

?(d) shall not impersonate any other person or entity, including SurveyMe, or a SurveyMe official, forum leader, guide or host, or falsely state or otherwise misrepresent User's affiliation with any other person or entity;

?(e) shall, if User uses the Services to send a survey, not mislead the recipients of that survey that User may have the ability to associate individual responses to that survey with the individual email addresses to which that survey was sent by stating that User has no such ability (unless User has requested SurveyMe to disable such feature). SurveyMe recommends that Users' surveys include the following notice (or words to similar effect), if applicable:?"Please be advised that your responses to this survey may not be treated as anonymous by the survey sender."?

(f) shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;?

(g) shall not engage in excessive usage of the Site or the Services, as determined by SurveyMe in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users;?

(h) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner (except to the extent the foregoing prohibition is not permitted by applicable law, including, without limitation, as set forth with respect to Users in France in the attached country-specific terms);?

(i) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services; and?

(j) shall not upload survey links to message boards or newsgroups that are not relevant to the subject matter of the survey, or that prohibit such uploading without SurveyMe's prior written consent.?User further acknowledges and agrees that SurveyMe may cooperate with any governmental authority in connection with any investigation into User's use of the Site or the Services, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any User Content, and any other information pertaining to the User or to User's use of the Site or the Services, to such governmental authority in connection with any such investigation.?

7. INDEMNITY BY USER?

User shall indemnify, defend and hold harmless SurveyMe, its affiliates, and their respective directors, officers, employees, servants and agents from and against all claims, demands, damages, liabilities and costs (including legal fees on a full indemnity basis) arising out of or in connection with:

(a) User's use of the Site or the Services, including User's use of or reliance on any information or materials (including survey or poll results or responses) obtained through the use of the Site or the Services,

(b) any other use of the Services by a third party using User's account (whether or not authorized by User),?

(c) User's breach of this Agreement, including any of User's representations and warranties under this Agreement, or?(d) User's contravention of any law applicable to User, including, among other things, the Privacy and Electronic Communications Regulations 2003.

8. TERMINATION?

8.1. This Agreement shall automatically become effective upon User's first use of the Site or the Services, and continue indefinitely until it is terminated.

8.2. SurveyMe may cancel User's Subscription (if User has one) and automatically terminate this Agreement immediately by notice to User in the event that User breaches any of User's representations, warranties, or obligations under this Agreement (including any of User's obligations under Section 5 (User Content)) or contravenes any applicable law.

?8.3. User may cancel User's Subscription (if User has one) and terminate this Agreement by written notice to SurveyMe in the event that SurveyMe materially breaches any of its obligations under this Agreement, if such breach is not cured within sixty days of SurveyMe's receipt of notice of breach from such User.

8.4. Upon termination of this Agreement for any reason, User shall immediately cease all use of the Site and the Services, and User acknowledges and agrees that SurveyMe may, in its sole discretion, take any measures SurveyMe reasonably deems necessary or desirable to prevent further use by User of the Site or Services, including by blocking User's IP address. User further acknowledges and agrees that upon termination of this Agreement, SurveyMe shall not be obliged to retain any User Content (including survey or poll results or responses) or to provide the same to User, but may elect to do so in its sole discretion.?8.5. Termination of this Agreement for breach as defined in Section 8.2 (Termination) above shall not entitle User to a refund of any unearned Subscription fees previously paid by User.?(a)all of User's representations, warranties and indemnities given under this Agreement;?(b)all disclaimers of warranties, and limitations and exclusions of liability; and?(c) the last sentence of Section 4 (SurveyMe Materials), and each of Sections 5 (User Content), 7 (Indemnity by User), 8.4 (Termination), 8.5 (Termination), 8.6 (Termination), 10 (Limitations and Exclusions of SurveyMe's Liability), 11 (Intellectual Property Rights), and 13 (General).?

9. PROVISION OF THE SITE AND THE SERVICES?

9.1. SurveyMe reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the Site or any part thereof, and SurveyMe will use commercially reasonable efforts to provide reasonable advance notice of changes that significantly impact the Services in a negative manner. In the case of changes that significantly impact the Services in a negative manner, User is entitled to cancel User's Subscription, if any. User acknowledges and agrees that SurveyMe shall not be liable to User, or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.

9.2. Without limiting Section 9.1 (Provision of the Site and the Services), if User engages in excessive usage of the Site or the Services (as described in Section 6(g) (User Conduct)), SurveyMe may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users, including by limiting or suspending User's access to the Site and the Services, or by cancelling User's Subscription and terminating this Agreement.

9.3. User acknowledges and agrees that the site and the services are provided "as is," "where is," "as available," and "with all faults," and that, except as may otherwise be set forth in this agreement with respect to users in specific countries, SurveyMe has no responsibility or liability for the loss or deletion of, or failure to receive, process, or store any user content (including survey or poll results or responses) maintained or transmitted using the services.

9.4. User acknowledges and agrees that the information, software, products, and services contained in or available through the site or the services, including information, software, products and services made available by other users of the site or the services, may include inaccuracies or errors.

9.5. User further acknowledges and agrees that user, and not SurveyMe, is responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained through the use of the site or the services.

9.6. SurveyMe makes no representations or warranties regarding the suitability, reliability, availability, timeliness, quality, or lack of viruses, or other harmful components of the site or the services, or the accuracy of such information, software, products and services.

9.7. To the fullest extent permitted by applicable law, SurveyMe, its affiliates, and their respective directors, officers, employees, servants and agents hereby disclaim all warranties, express or implied, with regard to such information, software, products or services, including any warranty of non-infringement of third party rights, and the implied warranties of merchantability and fitness for purpose.

10. LIMITATIONS AND EXCLUSIONS OF SURVEYME'S LIABILITY?

10.1. In no event shall SurveyMe, its affiliates, or their respective directors, officers, employees, servants or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever, including damages for lost profits, lost revenue, loss of use or data, or costs of cover, arising out of or in any way connected with this agreement, whether based on contract, tort, strict liability or any other legal theory, even if SurveyMe has been advised of the possibility of such damages, including damages arising out of:?(a) the use or performance of, the delay in providing, the failure to provide, or the inability to use, the site or the services, or?(b) any information, software, products or services contained in or available through the site or the services, including information, software, products and services made available by other users of the site or the services.?user specifically agrees that SurveyMe, its affiliates, and their respective directors, officers, employees, servants and agents shall not be liable for:?(c) unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the site or the services or in reliance upon any information obtained through the use of the site or the services,?(d) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of a third party's rights, including intellectual property rights, or?(e) any content sent using, or included in, the site or the services by any third party.?if user is dissatisfied with any portion of the site or the services, user's sole and exclusive remedy is to terminate this agreement and discontinue using the site and the services.?

10.2. In the event that, notwithstanding the foregoing exclusions of liability, SurveyMe, any of its affiliates, or any of their respective directors, officers, employees, servants or agents is liable to user for any amounts under this agreement under any theory of recovery, whether based on contract, tort, strict liability or otherwise, SurveyMe's (or such affiliates', director's, officer's, employee's, servant's or agent's, as applicable) total liability in respect of such amounts shall not exceed the greater of:?(a) the amount of one hundred euros (€100.00), and?(b) the amounts actually received by SurveyMe from user under this agreement.?

10.3. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, SurveyMe would not be able to offer the site or the services, and that such exclusions and limitations of liability shall apply, even if they would cause user's remedies under this agreement to fail of their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, damages to life, body or health or in case of bodily injury, death, fraud, gross negligence, or breach of a fundamental obligation, and so the foregoing limitation and exclusions do not apply to user to that extent (including, without limitation, as set forth with respect to Users in Germany in the attached country-specific terms).

11. INTELLECTUAL PROPERTY RIGHTS?

The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SurveyMe Limited Copyright © 2014. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. SurveyMe reserves all rights in the Site and the Services that are not expressly granted. SurveyMe/Survey Me is a trademark of Survey Me Limited. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to User any rights to any such intellectual property. User further acknowledges and agrees that SurveyMe Materials and other content made available to User through the Services may be subject to the intellectual property rights of third parties.

12. PRIVACY POLICY?

The SurveyMe privacy policy applies to all websites and software Application of Survey Me Limited ("SurveyMe", "we" or "us"), including www.survey-me.com, .co.uk, .co, and .co.nz (the "Site"), survey me (‘the App’) and the services available through the Site. We may post supplementary privacy notices on the Site for some of those services where more detailed information is required to explain our privacy practices in relation to them.

If you have questions or concerns regarding any policy, you should first contact us at cem@survey-me.com

Our computer systems and servers are situated in the United Kingdom, so your personal data will be processed by us in the United Kingdom. By clicking "I Agree" (or any other button indicating your acceptance of this privacy policy), you expressly consent to: (i) the collection, use, disclosure, and processing of your personal data in the manner described in this privacy policy, and (ii) if you are a visitor from outside of the United Kingdom, the transfer of all such information to the United Kingdom and the processing of that information as described in this privacy policy.

12.1 INFORMATION COLLECTION

12.1.1 Information that you Provide.?

When you register for a 14-day trial account on the Site, we collect your email address and password and may collect certain demographic information, such as your time zone or country.

If you purchase a PRO User account on the Site, you must provide certain additional personal data on our order form; in particular, certain contact information (including your name, address, email address, and billing address) and financial information (including credit card number and expiration date, bank account number, or similar payment information), which we use for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you. You will not be able to open an account if you do not provide the information that is identified as required in the account registration and/or purchase process.

When registering for an account or using other features on our Site, you may also have the option to provide business and additional demographic information to us. We encourage you to submit this information so we can provide you a more personalized experience on our Site, but such information is not required to use the Site.

If you submit a testimonial to the Site, we may collect your name, email address and any other personal data that you voluntarily include in your testimonial.

We may collect your personal data from third parties if you give permission for those third parties to share your information with us. For example, we provide you with the option of signing into our Site with your Facebook account details. If you do this, the authentication of your details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your SurveyMe account to be linked to your Facebook account.

All responses to your surveys, collected through SurveyMe, are collected anonymously through the App and the Site. This feature does not prevent you from including specific survey questions that asks respondents for their personal data. As between you and us, the submission of personal respondent’s data is voluntary. Under no circumstances will SurveyMe access, share, or use personal respondent’s data held within your personal account.

12.1.2 Internet Protocol (IP) Addresses

Your Internet protocol (IP) address is automatically assigned to your computer when you use the World Wide Web. Our servers record the incoming IP addresses of users of our Site (including both survey creators, and survey respondents who may or may not have an account with SurveyMe) and store them in log files. We use these IP addresses for our billing purposes and for non-billing purposes such as system and survey administration, record keeping, tracking which Web sites refer the most people to SurveyMe, tracking the countries in which Site users are located, and controlling abuse (e.g., e-mail spam). SurveyMe does not collect IP addresses of survey respondents on behalf of survey creators. By agreeing to this privacy policy, you expressly consent to SurveyMe using your IP address for its billing purposes.

12.1.3 Other Information (Aggregated Information and Cookies)

?In addition, we gather other information automatically and store it in log files, including, without limitation, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyse trends, to administer the Site, to understand users' movements around the Site and to gather demographic information about our user base as a whole.

We also use "cookies" to recognize specific visitors and more quickly provide personalized content, or grant you unimpeded access to the Site. Cookies are small text files a Web site can use to recognize repeat users. With cookies enabled, you will often not need to fill in password or contact information. Information gathered through cookies also helps us measure use of our Site and make software improvements for your continued benefit. Cookie data allow us to track usage behavior and compile data that we can use to improve the Site and the App.

Generally, cookies work by assigning a unique number to the user that has no meaning outside of the Web site that he or she is visiting. You can easily turn off cookies. Most browsers have a feature that allows the user to refuse cookies or issues a warning when cookies are being sent. Please consult the "Help" section of your browser for more information about how to disable cookies. However, our Site will not function as effectively without cookies. Enabling cookies ensures a smooth, efficient visit to our Site.

We use a third-party tracking service that uses cookies and web beacons to track aggregated anonymous data about visitors to our Site to capture usage and volume statistics to help us improve our Site. We have no access or control over these tracking technologies.

This privacy policy covers the use of tracking technologies by SurveyMe only and does not cover the use of tracking technologies by any third party.

12.1.4 Minors on?the Site

The SurveyMe Site and App is not intended for, and is not directed to, individuals under the age of majority in their place of residence ("minors"). Minors are not eligible to use the Site and must not attempt to register with the Site and/or submit any personal data to SurveyMe. SurveyMe does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at cem@survey-me.co.uk and we will delete any such information.

We require that minors not send any information about themselves to anyone over the Internet without obtaining their parents' or legal guardians' permission beforehand.

12.2 INFORMATION USE

In addition to the uses of your information described elsewhere in this privacy policy, we may also use your information in one or more of the following ways. We will not use or share your personal data in ways unrelated to those described in this privacy policy without your permission.

12.2.1 Communications from SurveyMe?

We will use your information to communicate with you and provide you with transactional messages in response to your enquiries, to provide the services you request, and to manage your account. For example, when you register for an account or recommend a third party to join SurveyMe, you may receive a short welcome email.

We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. If you are a paid subscriber, you may also receive emails regarding your account status and billing. Generally, you may not opt-out of these transactional communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

As part of the registration process, we will ask for your express permission to use your information to contact you about other products and services that we offer as well as products and services offered by third parties in which you may be interested. You may opt out of receiving such communications from us at any time (but not the transactional emails described in the paragraphs above). Instructions for opting-out and unsubscribing from receiving these communications are included in each such communication sent to you, as well as described in the section below entitled "Opting Out of Communications from SurveyMe".

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe from newsletters at any time. Instructions for opting-out and unsubscribing from receiving newsletters are included in each newsletter sent to you, as well as described in the section below entitled "Opting Out of Communications from SurveyMe".

We may post testimonials on the Site that you submit to us from time to time. We always request permission to post your testimonial on the Site, and we may use your information to contact you for the purpose of requesting such permission.

12.2.2 Sending Emails on Users' Behalf?

We do not send survey invitation emails on behalf of clients nor store user's lists of such email addresses.

12.2.3 Survey Results?

Your survey questions, responses and results are kept in strict confidence and used in compliance with legal requirements. We will never use your survey questions or responses other than in accordance with this privacy policy unless we have your consent, and then only anonymously and by aggregating them with questions and responses from other surveys.

You have the ability to export, share, or publish data from your surveys. We provide various features to export, share, or publish your survey questions, responses, and results in summary or detailed format.

We may also process your information, including your survey questions and your respondents' responses, as well as aggregated data we collect through survey results to help you with your own survey creation and analysis, and to help us provide and improve our overall survey services.

12.2.4 Statistical Analyses?

SurveyMe reserves the right to perform statistical analyses of user behavior and characteristics. We do this in order to measure interest in, and use of, the various areas of the Site. Statistical analyses are performed on anonymous, aggregated data.

12.3 DATA CONTROLLER

Notwithstanding anything to the contrary in this privacy policy, with respect to the personal data that we collect through the Site registration process, SurveyMe is the data controller for such registration information and uses it in accordance with this privacy policy. For surveys that are created by a user of the Site, however, the user that creates the survey is the data controller. The survey creator determines how its survey questions and its survey respondents' responses are used and disclosed. SurveyMe only processes these survey questions and responses in accordance with the instructions and permissions selected by the user at the time of creating the survey.

12.4 SHARING INFORMATION WITH THIRD PARTIES

12.4.1 Service Providers?

We use third parties to provide billing services on our Site. When you purchase a service from us, we will share contact and payment information as necessary for the billing service provider to provide that service.

We may also from time to time share your personal data with relevant persons working for other service providers who assist us to provide our survey-related services and you expressly consent to this by agreeing to this privacy policy. These service providers may include, for example, providers of survey data tools or email analytics tools, depending on the services you ask us to provide. These service providers are contractually prohibited from using your information for any purpose other than the purpose of assisting us to provide our survey-related services. You expressly consent and agree that we may transfer your data only to data processors located in countries, which have data protection laws that provide for the same level of protection as countries in the European Union. If you wish to opt out from all or part of the foregoing consent, you must cancel your account.

12.4.2 Other Third Parties?

SurveyMe does not ever disclose your survey questions or responses unless you permit or request for us to do so.? SurveyMe may disclose survey questions and responses anonymously and by aggregating them with other users' survey questions and responses on an opt-in basis.?SurveyMe will never provide your personal data to third parties. We will not sell, rent, or otherwise provide your information to any other third parties, except as otherwise described in this privacy policy.

12.5 DISCLOSURES REQUIRED BY LAW

We reserve the right to disclose your personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.

12.6 MERGER OR OTHER ACQUISITION

Under this privacy policy, you consent to our transfer of personal data to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which SurveyMe participates or to the purchaser of all or substantially all of SurveyMe's assets to which this Site relates. SurveyMe will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.

12.7 OPTING OUT OF COMMUNICATIONS FROM SURVEYME

Upon request, SurveyMe will allow any user to opt out of our regular newsletter and from receiving emails about other products and services that we offer and products and services offered by third parties. You can contact us through our Help Center by email (cem@survey-me.com), follow the unsubscribe instructions included in each promotional email sent to you, including the newsletter, or change the settings within in Your Account tab on your dashboard within your account.

Survey respondents may also opt out of receiving future surveys directly from SurveyMe via email.

12.8 ACCESSING, CHANGING OR DELETING YOUR INFORMATION

We endeavor to ensure that your personal data is accurate by collecting it directly from you and providing you with the ability to update it.

You can contact us at any time to access and obtain a copy of your personal data at cem@survey-me.com. If your personal data changes, or if you no longer desire our service, you may request us to correct, update, or delete your personal data at any time, or deactivate your account, by making the change on our My Account page, by emailing our Customer Support at cem@survey-me.com, or by contacting us by postal mail at the address listed below. We will respond to any request for access, correction, update or deletion without excessive delay, but in no event later than 14 days of SurveyMe's receipt of your request. We will promptly fulfil requests to delete personal data unless such data is required to be retained by law or the request is not technically feasible.

12.9 SURVEYME SECURITY STATEMENT

SurveyMe is aware of our users’ privacy concerns and strives to collect only as much data as is required to make our users’ experience with SurveyMe as efficient and satisfying as possible.  We also aim to collect data in the most unobtrusive manner possible.

SurveyMe utilizes some of the most advanced technology for Internet security commercially available today. When a user accesses secured areas of our site, Secure Sockets Layer (SSL) technology protects user information using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons.

SurveyMe requires users to create a unique user name and password that must be entered each time a user logs on.  SurveyMe issues a session "cookie" only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.

In addition, SurveyMe is hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders.  The data center is a highly protected environment with several levels of physical access security and 24-hour surveillance.

However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure.  Therefore, we cannot guarantee absolute security.  If SurveyMe learns of a security systems breach that affects certain users, then we will attempt to notify those users electronically so that they can take appropriate protective steps. SurveyMe may also post a notice on our website if a security breach occurs.

If you have any questions about security on the SurveyMe website, please email us at cem@survey-me.co.uk

12.10 CHANGES TO PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please check for change notices on the Site on a regular basis. If we decide to change our privacy policy in a material way, we will post a prominent change notice on the Site so it is visible to users when they log-in for the first time and/or we may notify you by email of those changes so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. For any changes to the privacy policy that affect terms and conditions for which users are required to provide prior consent, we will provide you with reasonable advance notice of such changes prior to those changes becoming effective and provide you with the opportunity to consent to those changes. If you do not cancel your subscription and continue to use the Site beyond the advance-notice period, you will be considered as having expressly consented to the changes in our privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account and cancel your registration and subscription at any time.

12.11 LINKS TO OTHER WEB SITES

Occasionally the Site may contain optional links to other Web sites that are not owned or controlled by SurveyMe. Please be aware that we, SurveyMe, are not responsible for the privacy practices of such other Web sites. We encourage you to be aware when you leave our Site and to read the privacy policies of each and every Web site that collects personal data. This privacy policy applies only to information collected by this Site and the services available through the Site.

13. GENERAL?

13.1. SurveyMe may provide references, frames or hyperlinks to internet websites maintained by third parties. SurveyMe does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. SurveyMe is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.?

13.2. User acknowledges and agrees that User, and not SurveyMe, is responsible for determining which laws may apply to User's use of the Site and the Services and assessing User's obligations under such laws.?

13.3. All notices and other communications required or permitted to be given by SurveyMe to User under this Agreement will be deemed to be properly given on the date when:?(a) posted on the Site,?(b) sent by email to the email address for User last recorded by SurveyMe, or?(c) sent by postal mail to the postal address for User last recorded by SurveyMe.?User may give notices to SurveyMe under this Agreement by email to cem@surveyme.co.uk?

13.4. This Agreement comprises the entire agreement between SurveyMe and the User relating to the Site and the Services. Both User and SurveyMe confirm that they have not relied upon, and shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by any party (whether or not a party to this Agreement) unless that agreement, warranty, statement, representation, understanding or undertaking is expressly set out in this Agreement.?

13.5. The use of the terms "includes" and "including", and similar terms, shall be deemed not to limit what else might be included.?

13.6. This Agreement shall be governed by the laws of the United Kingdom. User may not assign this Agreement without SurveyMe's prior written consent, which may be withheld in SurveyMe's sole discretion.?

13.7. SurveyMe may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which SurveyMe participates or to the purchaser of all or substantially all of SurveyMe's assets to which this Site relates.?

13.8. In any dispute arising out of this Agreement, the substantially prevailing party shall be entitled to payment of its reasonable legal fees and costs.?SurveyMe is the publisher of and host of the site.

14 COUNTRY-SPECIFIC TERMS?

THE FOLLOWING TERMS AND CONDITIONS APPLY TO USERS LOCATED IN THE FOLLOWING LOCATIONS:?UNITED KINGDOM?.

With respect to Users in the United Kingdom who are dealing as consumers (as defined by the U.K. Electronic Commerce Regulations 2002 and the Consumer Protection (Distance Selling) Regulations 2000) ("U.K. Consumers"), U.K. Consumers shall have the right to cancel this Agreement within seven (7) working days from the date of the day following the day the U.K. Consumer has entered into this Agreement by providing written notice of cancellation to SurveyMe. However, the U.K. Consumer will not be able to exercise this statutory right if the U.K. Consumer has already started using the Services provided under this Agreement, unless the U.K. Consumer and SurveyMe otherwise agree in writing.?2. With respect to Section 10 (Limitations and Exclusions of SurveyMe's Liability):?nothing in sections 10.1 and 10.2 of the agreement shall limit SurveyMe's or its affiliates' or their respective directors', officers', employees', servants', or agents' liability for: (a) death or personal injury caused by negligence (as such term is defined in the unfair contract terms act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

15. CONTACTING US

If you have any questions or suggestions regarding our policies, terms or conditions, please contact us

By email:? cem@survey-me.com

By Post: SurveyMe Limited, 24 Greek Street, Stockport SK3 8AB, UK.